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The trial began prosecutors representing people of the United States urge adjure to choose death as the punishment for the boston bomber. Four people were killed and 260 wounded almost exactly two years ago. Don dahler says prosecutors opened today with a surprise. Reporter prosecutors came out swinging, telling jurors tsarnaev, seen making an obscene gesture at a camera in a Court Holding cell just three months after the bombings was unconcerned, unrepentd nt and unchanged. He had one more message left to send. During her Opening Statements framed by photos of those killed during the attacks and in the aftermath, assistant attorney Nadine Pelligrini said he planned and plotted to kill, he deliberately selected a glorious sporting event and twisted the marathon into something cruel and ugly for his own purposes. The jury sat rapt as more victims took the stand. Celeste corcoran described being thrown into the air by the blast that destroyed both her legs. I was in such excruciating pain, she said, and there was so much screaming and chaos. That chaos was captured on video played for the jury. Gillian reny struggling through sob, said, my leg was completely torn apart. I was terrified i was going to die. I didnt know you could be that injured and survive. The dancer, who may never dance again was 18 at the time. Krystle campbells family members took the stand to talk about how special she was before a bomb took her life. I called her princess, her father William Campbell said. I never called her krystle unless she did something wrong. Outside small group of protesters protested against the death penalty. 60 of bostonians share that view. Judge George Otoole required jurors, you are never required to return a sentence of death. Its an individual judgment. If only one juror decides against that sentence, Dzhokhar Tsarnaev spends the rest of his life in prison. Pelley prosecutors will go on about a week. The defense will take about two weeks. Don, thanks very much. Late today we learned that the head of the Drug Enforcement administration is out after a damning investigation of misconduct in her agency. Michele leonharts retirement will be effective next month. Chief White House Correspondent Major Garrett is following this. Reporter retirement space Michele Leonhart from being fired. Her departure comes after an inspector generals report revealed dea agents in colombia participated in sex parties financed partly by drug lords. Another report found taxpayer money was also used. The parties are believed to have gone on from 2001 until 2008. At hearing before Congress Last week, leonhart who has held her position since 2007 defended the dea. Unfortunately, poor choices made by a few individuals can tarnish the reputation and overshadow the outstanding work being done at the dea. Reporter in a statement, attorney general eric holder credited leonhart with innumerable instances of the dea dismantling the most violent and most significant Drug Trafficking organizations. The white house twice refused to say whether president obama had confidence in leonhart, a signal her tenure was coming to an end. Scott, the republican and Democratic Leaders of the House Oversight committee called leonharts retirement appropriate. Pelley Major Garrett reporting tonight. Major, thanks very much. There were developments today in highprofile Police Misconduct cases. The Justice Department opened an investigation of the death of freddie gray who died of a broken neck while in the custody of Baltimore Police. In oklahoma tulsa reserve Deputy Robert bates pleaded not guilty to manslaughter in the accidental shooting death of suspect eric harris. And in california, San Bernadino county agreed to pay 650,000 to a suspect beaten by deputies after he tried to make a getaway on a horse. Shelves that once held Blue Bell Ice Cream products are empty tonight. The company is recalling everything after an outbreak of listeria. The bacterium has killed three people and made seven others sick in arizona, texas, oklahoma and kansas. Elaine quijano has more on this. Reporter lois porter is still reeling from the death of her husband richard last year. He had been taken to a kansas hospital for interest intestinal problems when his health quickly began deteriorating. His blood the doctors said was teeming with list tiera. He had it really bad by the time it was diagnosed. Reporter Richard Porter was one of five patients at a kansas hospital who contracted listeria over a oneyear periodment after three of the patients died, state Health Officials determined they had all been served Blue Bell Ice Cream. Listeria was listed as a contributing factor in their deaths. Blue bell c. E. O. Paul kruse released this internet video overnight. We are heartbroken over the situation and apologize to all of our loyal blue bell fans and customers. Reporter the company traced the bacteria to two factories, one in texas, the other oklahoma. The company is not sure how the listeria was introduced into their facilities. Company spokesperson joe robertson. Right now all were concerned about is the safety of our consumersment were going to go into the marketplace get all of our products out and make sure whatever is out there is safe to consume. Reporter as for lois porter shes wary of any blue bell products. Theyre responsible for the purity of their product. Of course its their fault. But i do feel sorry for them. It may wreck their business. Reporter if you have any blue bell products in your freezer you should throw them away or rush them to the store for a refund. Scott, the company is working with f. D. A. And local Health Officials to try to determine the source of the con tap nation. Pelley elaine, thanks very much. The biggest outbreak of bird flu in america in 30 years is threatening egg production. Millions of birds will have to be killed and the virus is spreading. Adriana diaz is on the story in iowa. Reporter crews are disinfecting every vehicles that leaves sunrise farm. The northwest iowa farm is under quarantine as workers inside euthanize its entire flock of 3. 8 million hens after an outbreak of the h5n2 bird flu virus. Iowa is the countrys largest egg producer. One in every five eggs consume in the u. S. Is laid by an iowa hen. And 6 of those hens come from Sunrise Farms. Since december the virus has been detected in 13 states. Yesterday wisconsin declared a state of emergency after three flocks tested positive for the disease. Minnesota has already lost nearly two million turkeys. Experts believe the disease is spreading state to state through droppings from migrating flocks. More than a decade ago a more lethal strain of bird flu h5n1 spread to humans in asia. Nearly 300 people died. The current strain in the u. S. Can kill a income of birds in under 48 hours, but iowas secretary of agriculture, bill northy, says humans have little to fear. This disease does in the affect people, so there is no reason to be concerned for human health at all, but were really trying to protect the other birds that are out there. Reporter as efforts continue here at Sunrise Farms the usda says humans cannot get the virus from eating chicken or eggs. Scott, any virus that goes undetected will be killed when chicken is cooked and eggs are pasteurized. Pelley no threat the human health. Adriana, thank you very much. A virus much more dangerous to humans is spreading in indiana. Among addicts sharing needles. Despite decades of tragic experience with h. I. V. 4,000 need vols been turned in in an exchange program, but since we reported on this outbreak two weeks ago, the number of h. I. V. Infections has jumped from 89 to 135. Heres Dean Reynolds. Heres what i got. Reporter when we first met 49yearold kevin polly two weeks ago, he showed us the needles he used to inject the opiate painkiller called opana throw to five times a day. From the Needle Exchange . Yes. Reporter in town . Yes. Thats enough to do me for a week. Reporter but for months he was sharing contaminated needles with other users and is now diagnosed with h. I. V. Was of the 135 cases diagnosed in this area. That risky behavior is behind the outbreak in Southern Indiana where several cases of fullblown aids have also been reported. At the Community Outreach center where dirty needles can be exchanged for clean ones with no questions asked, officials told us they discovered one needle that had been used 300 times. We see peoples arms where they have abcesses because they use the same needle so many times. Reporter when users come here, first person they see is nurse brittany combs. Whats that like . People sit across from you in tears. They say they dont want to live like this anymore. Reporter we went back to kevins house today. He was gone. His father clyde said he checked into a rehab facility. Are you confident that hell kick the habit . No, im not confident at all hell kick the habit. Reporter and he knows what that means for his son. Hes got a 401 k at retirement. Its about 14,000 or something. That could put him away. Reporter put him away . Funeral, yeah. Reporter no officials we spoke to was confident that the spread of h. I. V. Infections here has been stopped or even contained. As one put it, scott we have not yet reached the peak. Pelley Dean Reynolds reporting for thus evening. Dean, thanks very much. The captain of a boat that capsized off libya with nearly 900 refugees on board has been arrested on charges of murder. Its feared that more than 800 people were killed. Italian prosecutors say the boat collided with a rescue ship and then flipped when panicked passengers stampeded to one side. More than 1,600 have perished at sea this year, fleeing war and poverty in north africa and the middle east. Today a former nazi went on trial, charged with 300,000 counts of accessory to murder. German prosecutors are pursuing more than a dozen aging nazis under a new legal theory that death camp workers can be held accountable for the holocaust even if they didnt murder anyone with their own hands. Mark phillips is covering the trial. Reporter Oskar Groening now, a frail 93yearold man with a dark past. Oskar groening then, a member of the watch watch s. S. , the most nazi of the nazis stationed at auschwitz. Hedy bohm on the right, an 86yearold grandmother, hedy bohm then, a teenager deported to auschwitz with more than 400,000 other hungarian jews where the vast majority, including both her parents, were murdered. Oskar groening says he didnt directly kill anybody that he was just a cog in the nazi murder machine, but without cogs machines dont run. Hedy bohm will testify against him. I cried after my mom and she heard me. Reporter the family were separated as the train carrying them and thousands of others arrived at auschwitz. We just looked at each other and she didnt say a word, and i saw her turn and walk away. I didnt know at the time that that was the road that led to the crematorium, to the gas chambers. Reporter groenings job was to collect valuables. He was the nazis accountant. He pleaded while he was morally guilty, he was not legally guilty. And in all the german war crimes trials until now groenings argument is right even for the nazi brass like herman groening at nuremberg direct proof was required but Oskar Groenings trial is different. For the first time complicity in aiding the murder machine may be enough. Hedy bohm was in court and listened to groenings plea. So Oskar Groening says he accepts a measure of moral guilt but not yet legal guilt. Do you buy that . I dont find it enough. I believe its a copout. Reporter the german record for the prosecution of war crimes has not been impressive. Of the just over 6,000 s. S. Members who were alive at the end of the war the number who have been prosecuted and convicted, scott, is fewer than 50. Pelley Mark Phillips reporting for us tonight. Mark, thank you very much. We have news of a new test that could make genetic Cancer Screening available to many more women. And a little girl gets her best friend back. When the cbs evening news continues. You know, just because your bladder is changing it doesnt mean that you have to. With tena, let yourself go. Be the one with the crazy laugh. And keep being their favorite playmate. With tenas unique superabsorbent microbeads that lock in moisture and odor. Tena lets you be you. Why am i so awake . Did you know your brain has a wake system. And a sleep system . Science suggests when you have insomnia, the neurotransmitters in your wake system may be too strong, which may be preventing you from getting the sleep you need. Talk to your doctor about ways to manage your insomnia. Caring for someone with alzheimers means i am a lot of things. I am his sunshine. I am his advocate. So i asked about adding oncedaily namenda xr to his Current Treatment for moderate to severe alzheimers. It works differently. When added to another alzheimers treatment, it may improve overall function and cognition. And may slow the worsening of symptoms for a while. Vo namenda xr doesnt change how the disease progresses. It shouldnt be taken by anyone allergic to memantine, or whos had a bad reaction to namenda xr or its ingredients. Before starting treatment, tell their doctor if they have or ever had, a seizure disorder, difficulty passing urine liver, kidney or bladder problems, and about medications theyre taking. Certain medications, changes in diet, or medical conditions may affect the amount of namenda xr in the body and may increase side effects. The most common side effects are headache, diarrhea and dizziness. Hes always been my everything. Now i am giving back. Ask their doctor about adding oncedaily namenda xr. This allergy season, will you be a sound sleeper, or a mouth breather. A mouth breather well, put on a breathe right strip and shut your mouth. Allergy medicines open your nose over time, but add a breathe right strip and pow it instantly opens your nose up to 38 more. So you can breathe and sleep. Add breathe right to your allergy medicine. Shut your mouth and sleep right. Breathe right and look for the calming scent of breathe right lavender in the sleep aisle. Pelley today californias Startup Company announced a simple, affordable genetic test to reveal a womans risk for breast or ovarian cancer. We asked our dr. Jon lapook to tell us more. Reporter testing for the brc a1 and 2 breast mutations used to cost up to 4,000. The company now offering testing for those two genes plus 17 others costs only 249. Weve terrorize to do mocktize access to this type of Genetic Information, and we wanted to do it in a responsible way. Reporter a woman with the brc1 mutation has a 55 to 65 chance of developing Breast Cancer by age 70. The test must be ordered by a physician. Either the womans own doctor or one provided by the company. Genetic counseling is included in the price. We dont provide any sort of specific medical advice. Our focus is on enabling women to get this Genetic Information back. Reporter genomics has achieved the low price through improved lab and Software Automation and direct marketing to the public. Spit until the vile until the amount of is a saliva reaches the fill line. Reporter known genetic knewtations account for only 10 to 15 of cancers. The means proper counseling is key. I would be concerned if people misinterpret a negative result as being no risk, especially if they come from family that has a lot of different cancers or young onsets of cancers. Reporter a little more than a decade ago it cost 400 million to sequence the entire human genome. That number is now approaching 1,000, but a huge challenge remains, scott, how best to interpret all that information. Pelley dr. Jon lapook, thanks doc very much. Breakfast this morning came with quite a surprise. Thats coming up next. Thank you for being my hero and my dad. Military families are thankful for many things. The legacy of usaa Auto Insurance could be one of them. Our worldclass service earned usaa the top spot in a study of the most recommended Large Companies in america. If youre current or former military or their family, see if youre eligible to get an Auto Insurance quote. Congratulations. Youre down with crestor. Yes when diet and exercise arent enough, adding crestor lowers bad cholesterol up to 55 . Crestor is not for people with Liver Disease or women who are nursing, pregnant, or may become pregnant. Tell your doctor all medicines you take. Call your doctor if you have muscle pain or weakness, feel unusually tired have loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. These could be signs of serious side effects. Im down with crestor make your move. Ask your doctor about crestor. New flonase allergy relief nasal spray outperforms a leading allergy pill. Most allergy pills only control one substance, flonase controls six. So go ahead, inhale life. New flonase. Six is greater than one. This changes everything. Bring us your aching. And sleep deprived. Bring us those who want to feel well rested and ready to enjoy the morning ahead. Aleve pm. The first to combine a safe sleep aid. Plus the 12 hour pain relieving strength of aleve. For pain relief that can last until the am. So you. You. And you, can be a morning person again. Aleve pm, for a better am. Pelley imagine sitting down for a quiet breakfast when you look up and you see two cars careening toward you. It was all captured by surveillance cameras. The eggs werent the only thing scrambled after this. One of the drivers ended up in the hospital, but amazingly nobody in the restaurant was hurt. It was pouring today when Michael Melamed proved he was boston strong. He crossed the marathon finish line at 5 00 a. M. , 20 hours after he started. Melamed has muscular dystrophy. Hes 39, from vens lark but boston is special to him. His parents used to bring him there for treatment as a child. Firefighters in dekalb county, georgia, made a little girls day. Her puppy fell into a sixfoot hole and got trapped in a pipe. They dug for hours but the pup was reunited with with the girl, who got the dog for her fourth birthday, which was just a few weeks ago. Maya angelous writing had a certain beat and rhythm. Turns out you can dance to it. Well show you next. This portion of the cbs evening news is sponsored by cvs health. Health is everything. Making a fist something we do to show resolve. To defend ourselves. To declare victory. So cvs Health Provides expert support and vital medicines. Make a fist for me. At our Infusion Centers or in patients homes. We help them fight the good fight. Cvs health, because health is everything. Thanks for calling angies list. How may i help you . I heard i could call angies list if i needed work done around my house at a fair price. You heard right, just tell us what you need done and well find a top rated provider to take care of it. So i could get a faulty light switch fixed . Yup or have a guy refinish my floors . Absolutely or send someone out to groom my pookie . Pookies what you call your . My dog. Yes, we can do that. Real help from real people. Come see what the new angies list can do for you. Ufferers. One tried the newest allergy spray which could take several days to feel the full effect of relief. The other took claritind which starts to work on allergies with nasal congestion in 30 minutes. The moral . Nothing works faster than claritind. Your brain can send information to the rest of your body at 268 mph. Three times the speed of a fastball. Take care of your brain with centrum silver men. Multivitamins with 20 more vitamin d. My heart beats 100,000 times a day sending oxygen to my muscles. Again . So i can lift even the most demanding weights. Take care of your heart with centrum silver men. Multivitamins for the most important parts of you. At the time of her death last year, the poet, maya angelou was working on a project to take her words off the page and put them in motion. Tonight Michelle Miller shows us the results. In the air now both feet down reporter on the roofer top of a highrise in downtown los angeles, dancers are moving to a hiphop beat. And the poetry of maya angelou. Its a music video called harlem hopscotch, inspired by a poem she wrote back in 1969. She literally changed my life before i even met her. Reporter music producer shawn rivera discovered her writing at the time he was suffering from devere depression. I was questioning whether i should be on this planet. I was living in a storage unit on top of a warehouse. I came across there book and i read it and it clicked for me. Reporter he thought it would click for a new generation too taking angelous themes of isolation and inequality. He began writing music before he was able to meet angelou and get her blessing. What did she say . The first thing she said was thank you which blew my mind. She said, i think i can do better. I want to be involved in the project. I was blown away. Reporter touchdown. Yeah. Reporter in the home video, she was asked about the motion of setting her poetry to rap. Young people are more sophisticate, a little more sarcastic, a little more edgy. She was tickled. And she really loved it. Reporter Colin Johnson is angelous grandson. He says music defined her early career. She started there. She started as a singer and dancer. Reporter so this is a Natural Evolution into rapping. Totally. Reporter really . Words are word and melodies are melodies. One of her hopes was to speak to someone my sons age at 13 or my daughters age at 16 that might not read one of her books but hears this and says, wow theres something to this. Reporter maya angelou once said she was in love with the music and language. You may trod me in the very dirt. Reporter a legacy shes now passing on to a new generation. But still lights up all right all right. Reporter Michelle Miller, cbs news, los angeles. Pelley and thats a wrap for the cbs evening news tonight. For all of us at cbs news all around the world, good night. Captioning sponsored by cbs captioned by Media Access Group at wgbh access. Wgbh. Org help for a baltimore man who died in Police Custody as we follow the latest developments. A Community Comes together to say goodbye to a student as her roommate is arraigned for killing her. Protesters, many of them from new york, are asking the congress to get involved in the standoffs with local police. Many of those standoffs turning violent. Ill have the story coming up. And a massive recall as local Grocery Stores pull contaminated products from their shelves. A vigil is held for a baltimore man who died in Police Custody as we follow the latest developments in the case. Good afternoon. We are beginning the nations capitols only local news at 7 00. We begin with new information in the case of the 25yearold man who died of a spinal injury while in Police Custody. That as we follow the latest information in the freddy gray case. The Justice Department has opened a civil rights investigation. All six officers have been suspended with pay, including lieutenant brian rice who initiated the arrest. Hes been with the Department Since 1997. Officers tackled gray after he ran and he had a switchblade in his pocket. Billy murphy, jr. Represents the gray family. Theyre very angry because they know something horrible happened that should not have happened. Ah Baltimore Police are promising a thorough investigation. Seven armed robberies between 2 00 a. M. And 6 20 this morning. A juvenile was responsible for all of them. Among the places hit, two 7 11s

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